Tennessee Legalizes and Regulates Low-THC Marijuana Derivatives
On May 11, 2023, Tennessee enacted Senate Bill 378, which allows for the sale and distribution of certain chemicals derived from the marijuana plant. The new law, which includes protections for employers, is effective Jan. 1, 2024.
Low-THC Cannabinoids
The new law permits adults aged 21 and older to purchase and use products containing low concentrations of “hemp-derived cannabinoids.” These include several chemicals that are derived from marijuana plants but do not produce mind-altering effects. It also allows for products containing up to 0.3% of delta-9 tetrahydrocannabinol (THC); this is the chemical responsible for producing marijuana’s mind-altering effects, but only when it is consumed in higher concentrations. Along with any products containing another marijuana derivative called cannabidiol (CBD), these products have been legalized federally (under the Farm Bill) since 2018. Tennessee legalized CBD in 2018.
Employer Impact
The new law specifies that it does not:
– Require employers to accommodate an employee’s use of a hemp-derived cannabinoid in a workplace or while working;
– Limit an employer’s ability to establish, continue or enforce a drug-free workplace program or policy; or
– Create a cause of action against an employer for wrongful discharge or discrimination.
In general, this means employers in Tennessee may still conduct drug testing and take adverse employment actions based solely on a positive test for marijuana. However, employers that do conduct testing should ensure they have a written workplace policy prohibiting employees from using marijuana and its derivatives before testing.